Editorial Board. 2nd CONVOCATION of National Law University, Odisha held at Odisha Judicial Academy, Cuttack on 8th August 2015.

2nd CONVOCATION - 2015 of National Law University, Odisha held at Odisha Judicial Academy, Cuttack on 8th August 2015. 2 Editorial Board Hon ble Shri Justice I. Mahanty Hon ble Shri Justice S.C. Parija Hon ble Shri Justice B.K. Nayak (i)

2 nd CONVOCATION - 2015 of National Law University, Odisha Students receiving their Degrees from Shri Naveen Patnaik, Hon ble Chief Minister of Odisha Students receiving their Degrees from Hon ble Shri Justice Dipak Misra, Judge, Supreme Court of India Students receiving their Degrees from Hon ble Shri Justice V. Gopala Gowda, Judge, Supreme Court of India Students receiving their Degrees from Hon ble Shri Justice Amitava Roy, Judge, Supreme Court of India (ii)

2nd CONVOCATION - 2015 of National Law University, Odisha Students receiving their Degrees from Hon ble Shri Justice D.H. Waghela, Chief Justice, Orissa High Court & Chancellor of NLUO Hon ble Guests on the occasion Hon ble Guests on the occasion Hon ble Guests on the occasion Celebration of 68th Foundation Day of Orissa High Court Hon ble Judges of the Court and Members of the Bar offered floral tributes to the Statue of Justice Bira Kishore Ray as a mark of respect (iii)

CHIEF JUSTICE RESIDENCE CANTONMENT ROAD, CUTTACK - 753 001 Phone : (0671) 2507808 (Off.) 2301703 (Res.) 2301505 (Res.) Fax : 0671-2301703 (Res) 0671-2508446 (Off) November 10, 2015 JUSTICE D.H. WAGHELA MESSAGE It is a matter of great pleasure that the Orissa High Court has been publishing quarterly Court highlighting various activities performed in the State judiciary. The current issue covers the quarter ending September, 2015. The Court serves as an important medium to bring to light necessary data relating to functioning of the High Court and the District judiciary to the knowledge of all stakeholders. I am certain that the present issue of Court will be useful for not only the members of the legal fraternity but also to the public at large. (D.H. Waghela)

CONTENTS 01. Names of Hon ble the Chief Justice and Hon ble... 01 Judges of Orissa High Court at present. 02. Sanctioned strength & vacancies in Orissa High Court.... 02 03. Institution, Disposal and Pendency of Cases in the High Court... 02 from 01.07.2015 to 30.09.2015 04. Sanctioned strength & vacancies in District & Subordinate Courts... 02 05. Outlines of some recent Orissa High Court Judgments... 03 06. Major Events... 22 07. e-courts Project in Odisha... 22 08. Activities of Orissa State Legal Services Authority... 24 09. Activities of High Court Legal Services Committee... 25 10. Activities of Orissa Judicial Academy... 26 11. Programmes attended by Hon ble Judges of... 27 Orissa High Court at Bhopal & other places. 12. Infrastructural Devlopment... 27 13. Institution, Disposal and Pendency of Cases in... 28 District & Subordinate Courts from 01.07.2015 to 30.09.2015 14. Institution, Disposal and Pendency of Cases... 36 in the Family Courts of the state from 01.07.2015 to 30.09.2015 (iv)

Court 1 HON BLE JUDGES OF THE ORISSA HIGH COURT HON BLE THE CHIEF JUSTICE Hon ble Shri Justice Dhirendra Hiralal Waghela, B.Com., LL.M. HON BLE JUDGES Hon ble Shri Justice Pradip Kumar Mohanty, LL.B. Hon ble Shri Justice Vinod Prasad, LL.B. Hon ble Shri Justice Indrajit Mahanty, LL.M. Hon ble Kumari Justice Sanju Panda, B.A., LL.B. Hon ble Shri Justice Bhabani Prasad Ray, B..A., LL.B. Hon ble Shri Justice Subhash Chandra Parija, LL.B. Hon ble Shri Justice Bijaya Kumar Nayak, LL.M. Hon ble Shri Justice Sanjaya Kumar Mishra, M.A., LL.B. Hon ble Shri Justice Chitta Ranjan Dash, LL.M. Hon ble Shri Justice Raghubir Dash, B.A., LL.B. Hon ble Dr. Justice Akshaya Kumar Rath, LL.M., Ph.D. Hon ble Shri Justice Biswajit Mohanty, M.A., LL.B. Hon ble Dr. Justice Bidyut Ranjan Sarangi, B.Com.(Hons), LL.M., Ph.D. Hon ble Shri Justice Debabrata Dash, B.Sc. (Hons.), LL.B. Hon ble Shri Justice Satrughana Pujahari, B.A. (Hons.), LL.B. Hon ble Shri Justice Biswanath Rath, B.A., LL.B. Hon ble Shri Justice Sangam Kumar Sahoo, B.Sc., M.A.(Eng.), M.A.(Oriya), LL.B. Hon ble Shri Justice Sujit Narayan Prasad, M.A., LL.B. Hon ble Shri Justice Krushna Ram Mohapatra, B.A., LL.B. Hon ble Shri Justice Jatindra Prasad Das, M.A., LL.B. Hon ble Dr. Justice Durga Prasanna Choudhury, B.Sc., LL.M., Ph.D.

2 Court SANCTIONED STRENGTH & VACANCIES IN HIGH COURT (As on 30.09.2015) Sanctioned Strength Working Strength Vacancies 20 + 7 * = 27 16 + 6* = 22 4 + 1* = 5 * Addl. Judges INSTITUTION, DISPOSAL AND PENDENCY OF CASES IN THE HIGH COURT (From 1.7.2015 to 30.9.2015) Case Type Opening Balance as on 1.7.2015 Institution Restored to file Disposed of Pendency as on 30.9.2015 Civil 134510 8698 82 11530 131760 Criminal 36087 9775 20 8772 37110 Grand Total 170597 18473 102 20302 168870 SANCTIONED STRENGTH & VACANCIES IN DISTRICT AND SUBORDINATE COURTS AS ON 30.9.2015 Sl. No. Name of the Cadre 1. District Judge 2. Sr. Civil Judge Sanctioned Strength Present Strength Vacancies 181 150 31 191 144 47 3. Civil Judge (including Gram Nyayalays) 323 313 10 4. Special Judicial Magistrates 18 07 11 Total 713 614 99

Court 3 OUTLINES OF SOME RECENT ORISSA HIGH COURT JUDGEMENTS BENUDHAR MAHALIK & ANR. -V- STATE OF ORISSA CRIMINAL APPEAL NO. 249 OF 1992 (02.07.2015) PROBATION OF OFFENDERS ACT, 1958 S.4 r/w Section 360 Cr.P.C. Conviction of accused Benudhar U/s. 324 I.P.C He was 21 years of age on the date of occurrence Section 360 Cr.P.C. relates only to persons not under 21 years of age but the scope of section 4 of the Act is much wider Learned trial Court has neither made any endeavour to find out whether the beneficial provisions of probation of offenders Act or section 360 of the Code would be applicable to him nor he has assigned any reason to that effect Held, it is the duty of the Court below to assign reasons in the judgment for not applying such provisions of law. (Dr. D.P.Choudhury, J.) RABINDRA SAHOO -V- STATE OF ORISSA JCRLA NO. 20 OF 2007 (06.07.2015) A. EVIDENCE ACT, 1872 S.6 Res gestae Meaning of Things said and done in the course of a transaction Res gestae of a crime includes the immediate area and all occurrences and statements immediately after the crime The essence of the doctrine of res gestae in evidence is that the facts which though not in issue are so connected with the fact in issue as to form part of the same transaction and thereby become relevant like fact in issue If there is an interval between the fact in issue and the fact sought to be proved, then such statement can not be described as falling under res gestae as the same would allow fabrication. In this case immediate conduct of the victim in making an attempt to commit suicide and disclosing about the incident before P.W.s 2, 5, 6, 7 & 8 is admissible U/s. 6 of the Evidence Act as res gestae. B. PENAL CODE, 1860 S.376 Rape Mother is the victim by her son Unheard of Medical report as well as chemical examination report do not support the prosecution case However testimony of the prosecutrix is found to be cogent, convincing, reliable and trustworthy Held, impugned judgment of conviction and sentence is upheld. (S. K. Sahoo, J.) NIRUPAMA BARIK -V- STATE OF ODISHA & ORS. W.P.(C) NO. 82 OF 2015 (07.07.2015) BIHAR AND ODISHA EXCISE ACT, 1915 S.26 (1) I.M.F.L. OFF Shop Direction for closure of the shop No notice to the licencee Action challenged Collector vide order Dt. 27.10. 2014 directed for closure of the shop U/s 26 (1) of the Act for preservation of Public peace Provision clearly postulates a notice in writing to the licencee for temporary closure of such shop and if a closure is required for a continuous period of more than three days approval of Excise Commissioner shall be taken Compliance of natural justice is a compulsion Held, impugned order not being sustainable in law is set aside. ( I. Mahanty, J & B. Rath, J.)

4 Court NIRMALI SAMAL -V- STATE OF ORISSA & ORS. W.P.(C) NO. 3453 OF 2013 (08.07.2015) (A) ODISHA CIVIL SERVICES (PENSION) RULES, 1992 RULE 56(6) Second marriage contracted by a Hindu male life time of his first wife shall be void and the second wife shall not be entitled to the family pension as a legally wedded wife. In this case petitioner married Late Abhiram Samal, a Government Servant, while his first wife was alive in contravention of Rule 24 of the Odisha Government Servant s Conduct Rules, 1959 Held, the petitioner is not entitled to family pension. (B) ODISHA CIVIL SERVICES (PENSION) RULES, 1992 RULE 46 Petitioner got married to Late Abhiram Samal, a government employee, while his first wife was alive Whether the petitioner is entitled to compassionate allowance under Rule 46 of the above Rules? Held, No Compassionate allowance can only be granted to a government servant who is dismissed or removed from service by the authorities. (C) HINDU MARRIAGE ACT, 1955 S.16 Children born to deceased Hindu employee from second wife during subsistence of first marriage, whether entitled to family pension and other retiral dues of their father? Held, children born through the second wife shall be entitled to family pension, gratuity, provident fund and unutilized leave salary in equal shares in accordance with the provisions of the OCS Pension Rules. (Dr. A.K. Rath, J.) MIR NAGVI ASKARI -V- ANDHRA BANK & ORS. W.P.(C) NO. 13277 OF 2005 (09.07.2015) CONSTITUTION OF INDIA, 1950 ART.226 Service Law Bank employee Conviction on charges of moral turpitude Acquittal from the charge Reinstatement made without back wages on principles of no work no pay Action challenged No specific statement supported with document that the petitioner was not gainfully employed during the intervening period Held, no reason to interfere with the part of the order Dt. 09.10.2009 by which claim of the petitioner for back wages has been denied basing on the principles of no work no pay. (S. N. Prasad, J.) STATE PRIVATE INDUSTRIAL TRAINING CENTER ASSOCIATIONS, ORISSA -V- STATE OF ODISHA & ORS. W.P.(C) NO. 10741 OF 2015 (WITH BATCH) (10.07.2015) EDUCATION All India Trade Test Notification fixing 54 Nos. of Government and 80 Nos. of private institutions as Trade Testing Centers Notification challenged being discriminatory between the students who studied at Government ITI and Private ITIs No student to appear at the theory paper in the institute where they undertake their education Direction issued to the SCTE&VT to ensure fair testing process and strict compliance of the stipulation issued by DGE&T in the conduct of examinations Copy of the order and copy of the DGE&T s direction be sent to the secretaries School & Mass Education, Secondary Education and Higher Education to be made applicable for all other examinations conducted under various other bodies in the state Direction issued to the Director Technical Education to take civil and criminal action against fake, fraudulent or unaffiliated ITIs. ( I.Mahanty, J. & Dr. D.P.Choudhury, J.)

Court 5 M/s. GULF OIL CORPORATION LTD. -V- SRI MANOJ KUMAR SAHU W.P.(C) NOS.35,1795 & 1799 OF 2013 (10.07.2015) INDUSTRIAL DISPUTES ACT, 1947 S.33 (2) Termination of workman Labour Court directed reinstatement with full back wages from the date of termination till reinstatement For non-payment of the dues workman field petition U/s. 33 (2) of the Act for computation of the award - Maintainability questioned by the employer When a workman is entitled to receive any money from his employer which can be computed in terms of money and the employer denied such benefit the workman can approach the Labour Court U/s. 33 (2) of the Act Held, the O.P. workman has got a pre-existing right to get his claim computed in terms of money U/s 33 (2) of the Act - The Labour Court having not done that has committed an error The matters are remanded back to the Labour Court with a direction to the management to supply all the document required and the workman to Co-operate in the case without making any frivolous claim. (C.R. Dash, J.) M/S. WESCO LTD, BURLA -V- PRABATI GHIBILA & ORS. F.A.O. NO. 581 OF 2014 (10.07.2015) CIVIL PROCEDURE CODE, 1908 O-9, R-13 Setting aside exparte decree Delay No material that the delay is deliberate Rather the appellant-company acted promptly to get the exparte decree set aside when it came to its knowledge Even if some delay has occurred, that by itself, can not constitute negligence of the defendant-appellant Moreover the appellant-company has raised some substantial grounds which require adjudication Held, the impugned order rejecting application under order 9 Rule 13 C.P.C. is set aside subject to payment of cost of Rs. 30,000/- to the plaintiff. ( K. R. Mohapatra, J.) PREMALATA PANDA -V- STATE OF ORISSA & ANR. W.P.(C) NO. 9279 OF 2015 (14.07.2015) SERVICE LAW Age of retirement on Superannuation Enhancement of retirement age from 58 to 60 years Petitioner is an employee under CDA Vide office order Dt. 22.5.2014 it was notified that the petitioner would retire on 30.06.2015 on attaining the age of 58 years In the meantime Government passed resolution Dt. 28.06.2014 enhancing the age of retirement of its employees from 58 to 60 years and made necessary amendment to Rule 71(a) of the Odisha Service Code Government has extended such benefit to the employees of State Public Sector Undertakings but so far as the employees of CDA, though recommendation has been made by CDA till date no decision has been taken Hence the writ petition CDA through erstwhile GCIT adopted Orissa Service Code as it did not have any rule of its own, so in view of amendment to Rule 71(a) there was no necessity to direct the petitioner to retire at the age of 58 years Held, employees of CDA moved the Court shall be entitled full salary/arrear salary upto the age of 60 years and employees not moved the Court will not be entitled to any salary but deemed to be continuing in service upto the age of 60 years and their pay be fixed for the purpose of refixation of the retirement benefits So far petitioner is concerned direction issued to O.P. 2 to bring her back in to service forthwith and allow her to continue till she attains the age of 60 years and grant her all consequential service and financial benefits due and admissible to her as per law. CONSTITUTION OF INDIA, 1950 ART.226 Writ Petition Prayer not made specifically Power of High Court In the interest of justice and equity High Court in exercise of its high prerogative jurisdiction can mould the relief in a just and fair manner and pass order/direction as deemed fit and proper as required by the demands of the situation. (Dr. B.R. Sarangi, J.)

6 Court BIMAL CHANDRA PRADHAN -V- MAHANADI COAL FIELDS LTD. & ORS. W.P.(C) NO.15543 OF 2010 (14.07.2015) LAND ACQUISITION BY MCL Rehabilitation Scheme framed by Government for displaced persons Acquisition of land belonging to four Co-joint owners Petitioner is the legal heir of one of the joint owners His representation for employment rejected Hence the writ petition As per Clause 4 (d) of the Scheme, families who have lost 1/3 of the total agricultural holding, one members from each family shall be provided with employment according to availability Land measuring Ac 5. 67 dec. acquired out of total area of Ac 6.08 dec MCL. having provided four employment to the nominees of two joint owners of land can not refuse to provide employment to the nominees of two other joint owners when special LAO in his counter has categorically indicated the eligibility of the petitioner to get employment Discrimination Plea that there was no vacancy in category D cannot sustain- Held, the impugned order rejecting the representation of the petitioner is quashed Direction issued to the Opposite party to provide employment to the petitioners as against two vacancies. (Dr. B.R. Sarangi, J.) KEDAR NATH NAYAK & ORS. -V- SISIRA DEI (DEAD) & ORS. CRP NO. 19 OF 2013 (15.07.2015) CIVIL PROCEDURE CODE,1908 O- 23, R- 3, 3A Language of Rule 3A read with Rule 3 of order 23 C.P.C. is clear that the provision is confined to the parties to the compromise and its lawfulness A person not a party to the suit in which compromise was effected can not be prevented to file a separate suit for declaration that he or she is not bound by such compromise decree Held, in that event order-23, Rule-3A shall not operate as a bar to maintain the separate suit (B.K.Nayak, J.) BIJAYA NAIK -V- STATE OF ORISSA JCRLA NO. 2 OF 2002 (21.07.2015) CRIMINAL TRIAL Murder of wife Incident occurred on the street in wee hours of a wintry morning If appellant desired to murder his wife he could have done it in his house Appellant alone present near the deceased till arrival of police at 10 AM No attempt to escape or to conceal his identity Had the appellant been the assailant he would not have allowed such a meek surrender to police specially when he had the alleged motive to marry again or had doubted chastity of the deceased Since the deceased and the appellant were pulling on well, the motive alleged is disproved Preparation of F.I.R. as well as the evidence of P.W.S. 1, 6& 12 found to be suspicious No evidence that the alleged weapons belonged to the appellant and blood on such weapons do not tally with the deceased Held, the deceased was done to death much prior in time as alleged by the prosecution by unknown assailants and the appellant being husband tired to console her Held, the prosecution has miserably failed to establish the charge of murder against the appellant and he deservers conferment of benefit of doubt The impugned judgment of conviction and sentence is set aside. (Vinod Prasad, J. & S.K. Sahoo, J.) RAMA CHANDRA CHAUDHURY -V- STATE OF ORISSA & ORS. W.P.(C) NO. 5556 OF 2004 (22.07.2015) (A) ODISHA PREVENTION OF LAND ENCROACHMENT ACT, 1972 S.8-A Settlement of disputed tank described as Jaladhara in the R.O.R. 1948 Communal in nature Held, by no stretch if imagination the land with communal nature can be settled U/s. 8-A of the Act as

Court 7 second proviso to section 7 of the Act stipulates that no such settlement shall be made if the land is set apart for the common use of villages. (B) O.P.L.E. ACT, 1972 S.8-A Settlement of disputed tank Petitioner claims that his father was in possession of the tank before 1948 and after him he is continuing in possession for more than 30 years and based his title by way of adverse possession Record shows that the petitioner participated in the auction of the tank on 28.12.1963 and on 9.6.1986 and 3.1.1991 he alongwith others requested the BDO for renovation of the tank Held, petitioner failed to substantiate the claim of adverse possession. (C) CONSTITUTION OF INDIA, 1950 ART-226 Writ jurisdiction Petitioner has not only suppressed material facts but also material documents in the writ petition He has approached this court with unclean hands Petitioner has tried to grab the property of the Govt. By advancing frivolous plea Held, writ petition is liable to be dismissed with cost of Rs. 1000/- (Dr. A.K. Rath, J.) MIDEAST INTEGRATED STEEL LTD. & ORS -V- INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LTD. L.P.A. NO.1 OF 2015 (23.07.2015) CIVIL PROCEDURE CODE,1908 S. 100-A Letters patent Appeal against the judgment of the learned single judge passed in First Appeal Maintainability of appeal in view of the amendment of section 100-A by Act 22 of 2002 W.e.f. 1.7.2002 Held, the appeal is not maintainable, hence dismissed. (D.H. Waghela, C.J.) KASHINATH DAS MOHAPATRA -V- STATE OF ORISSA & ORS. W.P.(C) NO. 11660 OF 2015 (24.07.2015) SHREE JAGANNATH TEMPLE ACT, 1954 Ss. 21-A, 21-B Suspension of the petitioner as Daita Sevak of Shree Jagannath Temple Action challenged Ghata paribartan ritual of the Lords during Nabakalebar, 2015 Four numbers of Badagrahi engaged/ required to change the Ghata They were obstructed and abused by the petitioner sacred ritual For which there was disturbances and unreasonable delay in the Niti of the Lords, which not only brought disrepute to the ancient temple but also shocks the devotees An interim suspension can be passed against a sevak while an inquiry is pending into his misconduct Held, the impugned order of suspension as well as charges does not suffer from any infirmity calling for an interference by this court. (Dr. A.K. Rath, J.) M/S. ABC TRANS CARRIERS PVT. LTD. -V- PARADIP PORT TRUST & ORS. W.P.(C) NOs. 10308, 10331 & 10961 OF 2015 (27.07.2015) Tender Tender conditions can not be changed after the tender is opened In this case, PPT issued e-tender inviting eligible bidders for installation of three Harbour Mobile Cranes (HMCs) No stipulation for grant of fourth HMC to M/s. Bothra by the same tender process However after opening of tenders, the tender committee had decided to issue license for the fourth HMC without proper tendering process It is also not proved on record that the petitioners were taken into confidence before the tender

8 Court committee had decided to issue license for the fourth HMC Denial of equal opportunity to the other prospective bidders in public interest Action of PPT is violative of Article 14 of the Constitution of India which is to the benefit of M/s. Bothra Shipping Service Pvt. Ltd. and to the detriment of the petitioners Some under hand dealing and prior understanding could be inferred from the demeanours of the tender committee The action of the tender committee/authority has to be fair, reasonable, non-discriminatory, transparent, non-capricious, unbiased, without favouritism or nepotism and in pursuit of promotion of healthy competition and equitable treatment Held, tender conditions can not be changed after the tender is opened Letter of intent Dt. 28.3.2015 for grant of license to M/s. Bothra Shipping Service Pt. Ltd. alongwith transactions consequential thereto are all set aside as illegal and arbitrary as far as the parties herein are concerned. (D.H.Waghela, C.J. & Biswanath Rath, J.) STATE OF ORISSA & ANR. -V- GOLEKHA CH. ROUTRAY & ANR. W.P.(C) NO. 17786 OF 2012 (27.07.2015) ODISHA CIVIL SERVICES (C.C.A.) RULES, 1962 RULE 18 An order of dismissal should not be an automatic result of conviction of a government servant in a criminal case Disciplinary authority has to apply its mind reasonably and fairly after considering the conduct of the employee which led to his conviction and arrived at a conclusion that the said conduct was such that further retention of the employee in public service is undesirable. In the present case the Opp. Party was convicted and sentenced for the offence involving moral turpitude No plausible reason was assigned for reducing the punishment or imposing lesser punishment in a case of acceptance of bribe No case for consideration or judicial intervention Held, the impugned order passed by the Tribunal quashing the order of dismissal and directing re-instatement of the Opp.Party is set aside. (D.H.Waghela, C.J. & Biswanath Rath, J.) HARIBANDHU NANDA -V- SANTOSH KU. NANDA & ANR. W.P.(C) NO. 13277 OF 2005 (27.07.2015) CIVIL PROCEDURE CODE, 1908 O-6, R-17 Amendment of written statement Defendant No. 1 raised the plea of adverse possession before the suit was taken up for hearing An alternative and inconsistent plea can be taken, if the character of defence taken is not completely changed Amendment of written statement should not be considered with the same rigour and strictness as amendment of the plaint Delay by itself is also not sufficient to disallow the amendment Held, the impugned order is quashed The proposed amendment is allowed. (Dr. A.K. Rath, J.) M/S. KALANAURIA TRADING CO, KHETRAJUR -V- STATE OF ORISSA STREV NO. 112 OF 2009 (30.07.2015) ODISHA SALES TAX ACT, 1947 S.12(8) Clandestine business Books of account not maintained relating to purchase and sale Suppression of gross turn over by the dealer Intelligence Wing of the Sales Tax Department found such discrepancies Assessing authority enhance the turnover by 26 times In first appeal it was reduced to 16 times However the learned Sales Tax Tribunal in second appeal enhanced the suppression of the turnover to 40 times No reason assigned by the Tribunal while increasing the suppressing by 40 times as against 26

Court 9 times by the assessing authority Held, the impugned order is set aside being arbitrary and illegal The matter is remitted back to the learned Tribunal to dispose of the case on merit. ( I. Mahanty, J. & Dr. D.P.Choudhury, J.) BUDHURAM BHOE & ANR. -V- TAHASILDAR, LAKHANPUR W.P.(C) NO. 10718 OF 2015 (31.07.2015) (A) ODISHA SURVEY AND SETTLEMENT RULES, 1962 RULE 34(e) Correction of record of right Facts existed prior to the preparation of ROR Tahasildar corrected the ROR by initiating suo motu proceeding under Rule 34(e) of the Rules Maintainability of the proceeding challenged Held, Tahasildar has no jurisdiction to correct the ROR where cause of action arose prior to the publication of the ROR However if any cause of action arose prior to the publication of the ROR and thereafter ROR is finally published, the aggrieved party may avail the remedy provided under sections 15, 25 or 32 of the Odisha Survey and Settlement Act, 1958 or by filing a civil suit. (B) ODISHA SURVEY AND SETTLEMENT RULES, 1962 RULE 34(e) Correction of record of right Facts arising after the publication of the ROR and not on the basis of facts existed prior to the preparations of the ROR Tahasildar has jurisdiction to correct the ROR where facts arise after publication of ROR by initiating proceeding under Rule 34(e) of the Rules which is popularly known as mutation proceedings to maintain the record up-to-date. (Dr. A.K. Rath, J.) PRATAP CHANDRA DIKHIT & ANR. -V- DIST. JUDGE, GANJAM, BERHAMPUR & ORS. O.J.C. NO. 3139 OF 1998 (31.07.2015) CIVIL PROCEDURE CODE, 1908 O-9, R-13 Setting aside of exparte decree If the defendant satisfies the Court that the summons was not duly served or he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the exparte decree upon such terms as to costs etc. But the Court shall not set aside a decree passed exparte on mere irregularities in the service of summons or in a case where the defendants had notice of the date of hearing and sufficient time to appear in the Court. The expression Sufficient Cause is not defined in C.P.C. However sufficient cause means that the party had not acted in a negligent manner or there was bonafides on its part in view of the facts and circumstances of the case or the party can not be alleged to have been not acting diligently or remaining inactive Every good cause is a sufficient cause and must offer an explanation for non-appearance Held, there being no illegality or perversity in the orders passed by the Courts below this Court is not inclined to interfere with the same. (Dr. A.K. Rath, J.) SURESH CHANDRA MISHRA -V- STATE OF ODISHA & ORS. W.P.(C) NO. 3537 OF 2012 (03.08.2015) BIHAR AND ODISHA EXCISE ACT, 1915 S.26 Temporary closure of the Arisol C.S.Shop from 09.6.2010 to 30.3.2011 by the Collector Writ petition filed for a direction to O.P.s 1 & 3 to return the consideration money and the M.G.Q duty paid by the petitioner for the above period Admittedly the site, where the petitioner was operating his Shop

10 Court for the last six years was an unobjectionable site Due to public agitation direction issued for such closure U/s. 26(2) of the Act and to relocate the Shop room which was done w.e.f. 31.3.2011 Held, direction issued to O.P.s 1 & 3 to effect refund or adjust the amount deposited against any future dues of the petitioner who is continuing his excise licence under the state. (I.Mahanty, J. & Dr. D.P.Choudhury, J.) RITESH KUMAR PATEL @RITESH PATEL -V- KISHORE CHANDRA PATEL AND ORS. R.F. A. NO.27 OF 2012 (03.08.2015) INDIAN SUCCESSION ACT, 1925 S. 213 Whether probate of the will is necessary in the district of Mayurbhanj, to establish the right of a legatee in any Court of law? Held, No The erstwhile princely state of Mayurbhanj was not within the territory of Lieutenant Governor of Bengal as on 01.09.1870 as envisaged U/s 57 (a) of the Act - Held, a will or testamentary disposition executed in the district of Mayurbhanj need not be probated to establish the right of the legatee or executor in the Court of justice as restriction imposed U/s 213 of the Act is not applicable to the district of Mayurbhanj. Finding of the learned court that no right accrued in favour of the plaintiff by virtue of the will in absence of its probate is not sustainable in law The plaintiff-appellant has acquired right, title and interest over the suit properly by virtue of the will after the death of the testator. (K. R. Mohapatra, J.) S.D.O, TELECOM, JALESWAR -V- P.O. CENTRAL GOVT. INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT & ORS. W.A. NOs. 525 & 300 OF 2013 (04.08.2015) INDUSTRIAL DISPUTES ACT, 1947 S.17.B Payment of full wages to workman pending proceedings in higher Courts Whether such benefit can be extended from the date of order of the learned Single Judge or from the date of the award? Held, it must be from the date of the award. ( D.H.Waghela, C.J, & Biswanath Rath, J.) NAGA DAS & ANR. -V- STATE OF ORISSA CRLMA NO. 259 OF 2015 (06.08.2015) CRIMINAL PROCEEDURE CODE, 1973 S.439 (1)(b) Bail Offence U/s. 379/34 I.P.C. Conditions imposed Petition to wave condition No. (ii) to deposit cash security of Rs. 20,000/- No specific provision in the code to insist on furnishing cash security It can be imposed only in exceptional cases in a proper and judicious manner Basic concept of bail is to release a person from custody in the hands of sureties who undertake to produce him in Court whenever required Direction to furnish cash security in addition to bail bond of other surety is untenable Gross abuse of judicial discretion Held, the impugned condition is waved. (S. K. Sahoo, J.) SUPRAVA SAMAL -V- STATE OF ODISHA & ORS. W.P.(C) NO. 10251 OF 2015 (07.08.2015) ODISHA GRAMA PANCHAYAT ACT, 1964 S. 24(2)(c) Notice issued for no confidence motion against Sarpancha with 15 clear days time between the date of issuance of notice and the date of the meeting As the place of meeting was not clearly reflected in

Court 11 the notice a corrigendum was issued subsequently to rectify the mistake Petitioner raised objection that the gap of 15 days should have been from the date of corrigendum and the date of the meeting Objection turned down by O.P.3 Hence the writ petition Corrigendum is issued to correct a mistake in the notice and it would relate back to the date of issuance of the original notice so again 15 days time need not be given from the date of corrigendum Held, there is no error in the notice calling for interference by this Court. (Sanju Panda, J.) ALAKA @ALAKANANDA MOHAPATRA & ANR. -V- SMT. BISHNUPRIYA MOHAPATRA & ORS. TRP (C) NO. 92 OF 2013 (12.08.2015) CIVIL PROCEDURE CODE,1908 S. 24 Transfer for suit Parties are common and issues are almost identical Court has to consider the balance of convenience having regard to all the circumstances of the two suits. In this case petitioner No.1 is a deaf and dumb woman and it will be difficult on her part to attend the court at Balasore In the other hand O.P Nos. 1 & 2 may not face any difficulty to attend the court at Bhadrak Held, suit pending in the court of Balasore be transferred to the court at Bhadrak for analogous hearing. (Dr. A. K. Rath, J.) LORD JAGANNATH MAHAPRABHU -V- LAXMIKANTA PRADHAN & ANR. R.S.A NO. 460 OF 2003 (13.08.2015) SPECIFIC RELIEF ACT, 1963 S.37 Permanent Injunction Whether a decree for permanent injunction can be passed against the Landlord permanently restraining him from dispossessing the tenant? Permanent injuction is not permissible to be passed against the Landlord restraining him from recovering possession from the tenant for all times to come which in turn is a decree declaring the tenants right to possession of the property as if having non-evictable right. CIVIL PROCEDURE CODE, 1908 O-26, R-9 Commissioner s report No objection by the adversary Acceptance of Even if no objection filed against the report of the Commissioner, still then the Court has ample power to say the report is incorrect if the conclusions are not found acceptable. (D. Dash, J.) M/S. NIRANJAN SAHU -V- M/S. HINDUSTAN STEEL WORKS CONSTRUCTION LTD. & ANR. R.F.A. NO.3 OF 2006 (14.08.2015) LIMITATION ACT, 1963 S.18 Money suit dismissed on the ground of limitation Acknowledgment made by the defendants in writing admitting the claim of the plaintiff Section 25 (3) of the contract Act, 1872 comes to the aid of the plaintiff to hold that the suit filed by the plaintiff is well within time Held, impugned judgment and decree is set aside and the suit of the plaintiff is decreed. (D. Dash, J.)

12 Court SWAPNA SATPATHY @UPADHAYA -V- STATE OF ODISHA & ORS. W.P.(CRL) NO. 665 OF 2013 MC. NOS. 75 & 131 OF 2014 (17.08.2015) (A) CONSTITUTION OF INDIA, 1950 ART-226 r/w Section 151 C.P.C. Writ of habeas corpus seeking custody of child Petitioner-wife obtained final order by suppressing material facts which amounts to exercise of fraud upon the Court Held, in this case the Court has got inherent power to recall its own order. (B) CONSTITUTION OF INDIA, 1950 ART-226 r/w Section 151 C.P.C. Writ of habeas corpus Petitioner-wife filed affidavit suppressing material particulars without serving copy on the opposite party-husband Opp.Party deprived of filing counter to such affidavit and unable to place his case Final order passed in the writ petition which amounts to violation of principles of natural justice Held, final order passed in the writ petition is liable to be recalled. (I.Mahanty, J. & Dr. D.P.Choudhury, J.) UNITED SPIRITS LTD. -V- STATE OF ODISHA & ORS. W.P.(C). NO.19875 OF 2013 (17.08.2015) BIHAR AND ODISHA EXCISE ACT, 1947 S Ownership of a premise can not be the determining factor for grant of license or for the purpose of levy of bottling fee-impugned demand made vide letter Dt.17.08.2013 is quashed Direction issued that the amount deposited by the petitioner company may be refunded forthwith or the same may be adjusted against any excise dues of the petitioner ( I.Mahanty, J. & Dr. D.P.Choudhury, J.) PRAFULLA KU. MEHER & ANR. -V- ADDL. DISTRICT MAGISTRATE & ORS. W.P.(C) NO. 8479 OF 2004 (17.08.2015) ODISHA PREVENTION OF LAND ENCROACHMENT ACT, 1972 S.6 Unauthorised occupation of Government land Whether penalty can be imposed basing on the area occupied by the encroacher or on the basis of the value of the crops raised on the encroached land? Held, penalty can be imposed basing on the area occupied by the encroacher but not on the basis of the value of the crop raised on the encroached land as has been done by the Tahasildar in the present case Impugned orders passed by the Tahasildar and confirmed by the appellate as well as revisional courts are quashed. (B. K. Nayak, J.) STATE OF ORISSA -V- GANIA @GANESWAR MAHANTA DSREF NO. 1 OF 2015 & JCRLA NO. 13 OF 2015 (18.08.2015) CRIMINAL PROCEDURE CODE, 1973 S.366(1) Death sentence Reference for confirmation Double murders of close relatives for greed to grab property Incident occurred without pre meditation and pre-planning Though grievous injuries caused to both the deceased there is absence of convincing evidence that the appellant acted cruelly and in a

Court 13 diebolical manner So number of murders is not the safe criterion to determine the same a rarest of rare case Since it is the first crime of the appellant he can not be considered as a hazardous person to the society and the collective conscience of the society was shaken Possibility of the appellant for reformation and penance in jail can not be ruled out Trial Court failed to record sufficient reason while awarding death sentence Held, death sentence of the appellant is commuted to life imprisonment with a condition that he has to suffer continuous incarceration of 25 years without parole and benefit of set off. (Vinod Prasad, J. & Raghubir Dash, J.) RASHMITA BARIK -V- KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, BBSR. & ANR. W.P.(C) NO. 8918 OF 2015 (18.08.2015) EDUCATION Admission Whether twin girl children of the petitioner can be regarded as single girl children for admission in class I of Kendriya Vidyalaya No. 3 Held, yes The concept of single girl children includes twin girl children as per sub clause VIII of clause 1 of Part-B of special provisions of the guidelines for admission in Kendriya Vidyalaya Direction issued to the authorities to admit the other girl child of the petitioner. (Dr. B. R. Sarangi, J.) AJITESH SINGH -V- KENDRIYA VIDYALAYA SANGATHAN & ORS. W.P.(C) NO. 8942 OF 2015 (18.08.2015) EDUCATION Admission in class I in Kendriya Vidyalaya-2 Madhupatna, Cuttack Petitioner applied for admission as his father was working as Addl. Central Government Standing Counsel Whether petitioner s father is to be considered as a Central Government employee under sub-clause (A)(1) of clause (3) of the guide lines for admission of the petitioner in to Kendriya Vidyalayas? Held, though petitioner s father is discharging public duty as a public officer, there being no master servant relationship exists between the petitioner s father and the Central Government the petitioner is not entitled to get benefit of admission as per the above guidelines. (Dr. B. R. Sarangi, J.) JAMUNA DAS & ORS. -V- MOCHIRAM BEHERA & ANR. R.S.A. NO. 111 OF 2005 (21.08.2015) CIVIL PROCEDURE CODE, 1908 O.41, R-17(1) Whether the lower appellate court, in the absence of the appellants or their counsel was justified to dispose of the appeal on merit without following the provision of Rule 17 (1) of Order 41 CPC? Held, No. The learned Court below has power to simply dismiss the appeal but cannot dismiss it on merit in view of the explanation attached to the above Rule - Held, the impugned judgment and decree passed by the lower appellate court is set aside and the matter is remitted back to that court for fresh disposal in accordance with law. (D. Dash, J.) SRIPATI KARMI & ORS. -V- GHARJUGI PATRANI (DEAD) L.R.s SMT. UNKULI BARKANI & ORS. F.A. No. 251 of 1991 (24.08.2015) INDIAN SUCCESSION ART, 1925 S. 213 HINDU LAW Partial partition Hindu undivided family governed by Mitakshara school Weather partial partition is permissible under law? Held, yes Father has a right to effect partial partition of the

14 Court joint family properties between himself and his miner son weather in exercise of his superior right as father or in exercise of his right as Partia Potestas has necessarily to be exercised bonafide by the father and is subject to the right of the sons to challenge such partition, if the partition is not fair and just. In this case defendant Nos. 5 & 7 having not challenged the partial partition and allotment of share made in favour of Daman at any point of time the same is binding on them Since Daman is separated from the joint family since long by virtue of the above partition, neither he nor his legal heirs are necessary or proper parties to the suit in question. (K. R. Mohapatra, J.) HARIHAR HOTA & ANR.-V- C.E.O. (M.D), NESCO & ORS. W.P.(C) NO. 11906 OF 2009 (25.08.2015) ELECTROCUTION DEATH Deceased came in contact with live 33 KV line Compensation claimed in writ petition Writ Court has no jurisdiction to record evidence to prove negligence In this case although several request made by the local people to maintain such high tension line no precaution had been taken by the authorities, So prima facie there is negligence on the part of the opposite parties Held, this Court grants an ad-interim compensation of Rs. 1,00,000/- to the petitioners with liberty for them to move the civil Court for further compensation. (Dr. B. R. Sarangi, J.) RATIKANTA PANDA -V- U.CO. BANK & ORS. W.P.(C) NO. 8435 OF 2007 (26.08.2015) CIVIL PROCEDURE CODE, 1908 O-17, R-2(d) Adjournment of suit Advocate for the plaintiff fell ill Prayer rejected as illness of the pleader is not a sufficient ground Order challenged Engagement of another counsel at the spur of the moment is risky and unrealistic which may also require further adjournment So at least reasonable time should be granted when a counsel suddenly fell ill for making alternative arrangement even with costs to the other side However it must be without encouraging protraction of the trial Held, the impugned order rejecting the application of the petitioner is quashed. (Dr. A. K. Rath, J.) MIRZA GOLAM JELANI BAIG -V- SRI PRABIR KUMAR SAMAL & ORS. W.P.(C) NO. 5664 OF 2004 (26.08.2015) CIVIL PROCEDURE CODE, 1908 O- 1, R-10, (2) Weather a person who was not a party to the suit, purchased certain property after the preliminary decree was passed in a suit for partition, can be impleaded as party in the final decree proceeding? Held, yes Events happening subsequent to passing of the preliminary decree can also be taken in to consideration and decided at the stage of final decree proceeding. In this case the petitioner having direct interest in the subject matter of litigation is a proper party to the lis The impugned order rejecting his prayer for impleadment as a party is quashed Direction issued to the learned court below to implead the petitioner as a party in the final decree proceeding. (Dr. A. K. Rath, J.) SRI HANUMAN JEW MAHABIR TEMPLE -V- THE BALASORE MUNICIPALITY & ANR. W.P.(C) NO. 2540 OF 2008 (26.08.2015) (A) ODISHA MUNICIPAL ACT, 1950 S.349 Whether learned trial court is justified in returning the plaint to the plaintiff for non compliance of the provision U/s. 349 of the Act? Held, No.

Court 15 In this case since the plaintiff has filed the suit for declaration of right, title and interest, confirmation of possession and permanent injuction against the Municipality, service of notice U/s. 349 (1) of the Act is not a pre condition to maintain the suit. Service of notice U/s. 349(1) of the Act is not a pre-condition to maintain a suit of this nature Held, the impugned order passed by the trial court directing return of plaint for non-compliance of provision of section 349 of the Act is quashed Direction issued to the trial Court to proceed with the suit. (B) CIVIL PROCEDURE CODE, 1908 S.80 Whether Municipality is a state U/s. 80 C.P.C? Held, though Municipality is a State within the meaning of article 12 of the constitution of India, it is not a state for the purpose of section 80 C.P.C. (C) ODISHA MUNICIPAL ACT, 1950 S.349 When service of notice U/s. 349 (1) of the Act is a pre-condition to maintain a suit? Held, where plaintiff filed the suit relating to wrongful acts committed by any Municipal Councillor, the Chairman, Executive Officer, any Councillor officer or Servant in respect of any act done or purporting to be done in execution or intended execution of the Act or any rule, regulation, by law or order made under it The act must be colori offici. (Dr. A. K. Rath, J.) FAKIRA MISHRA -V- BISWANATH MISHRA & ORS. W.P.(C) NO. 9246 OF 2008 (26.08.2015) CIVIL PROCEDURE CODE,1908 S. 2 (2) Weather an appeal field along with an application for condonation of delay in filing that appeal when dismissed on refusal to condone the delay is a decree within the meaning of section 2 (2) of C,P.C. Held, yes. (Dr. A. K. Rath, J.) ANITA PATTNAYAK -V- ARABINDA SUKLA TRP (C) NO. 72 OF 2013 (26.08.2015) CIVIL PROCEDURE CODE,1908 S. 24 Transfer of matrimonial case Husband filed divorce case before the learned Judge, Family Court, Cuttack Wife resides at Sunabeda with her ailing father which is 500 Kilometers away from Cuttack She also apprehends danger to her life Convenience of wife should be looked at Held, in the ends of justice the case is transferred form the Court of Cuttack to the learned Judge, Family Court, Koraput at Jeypur. (Dr. A. K. Rath, J.) BHABESH KUMAR DAS -V- MOHAN DAS AGRAWAL W.P. (C) NO. 6509 OF 2006 (26.08.2015) CIVIL PROCEDURE CODE,1908 O-26,R-9 Survey knowing Commissioner Appointment of Discretion of the Court Legislature has not prescribed any stage for such appointment Court s power to appoint the commissioner can not be cabined, cribbed or confined When the controversy is as to identification, location or measurement of the land or premise or object, local investigation should be done at an early stage so that the parties can be aware of the report of the commissioner and can go to trial fully prepared. (Dr. A. K. Rath, J.)

16 Court RAJAT KUMAR MOHANTY & ORS. -V- SARAT CHANDRA PANDA & ANR. W.P.(C) NO. 9902 OF 2008 (26.08.2015) CIVIL PROCEDURE CODE,1908 O-6,R-17 Amendment of Plaint Whether the learned trial court is justified in rejecting the application for amendment as it was filed after 7 years of institution of the suit? Merely an application for amendment is filed belatedly, the same cannot be refused if it is necessary for deciding the real controversy between the parties The Court has wide powers and unfettered discretion to allow amendment of pleadings in such manner and on such terms as it appears to the Court just and proper Held the impugned order rejecting amendment is quashed The matter is remitted back to the learned trial court to consider the application afresh. (Dr. A. K. Rath, J.) SANKAR PRADHAN -V- PREMANANDA PRADHAN (DEAD) & ORS. W.P.(C) NO. 29443 OF 2011 (26.08.2015) CIVIL PROCEDURE CODE, 1908 O-41, R-27(1)(b) Additional evidence Documents entrusted to the advocate could not be produced before the trial Court being misplaced in his office Those documents could be traced during pendency of the appeal Application to admit additional evidence Application rejected Hence the writ petition - Section 107 (1)(d) C.P.C enables the appellate Court to admit additional evidence, whereas Order 41 Rule 27. C.P.C furnishes grounds on which additional evidence may be taken The above ground being genuine the lower appellate Court failed to exercise its discretionary power in a judicious manner Held, the impugned order is quashed Direction issued to the appellate Court to Consider the application at the time of hearing the appeal. (Dr. A.K. Rath, J.) KISHORE ROUT -V- STATE OF ODISHA & ORS. R.S.A. NO. 267 OF 2015 (26.08.2015) LIMITATION ACT, 1963 S.5 Condonation of delay Lower appellate court refused to condone delay of 22 months in filing the appeal Appellant was working in Surat and he was absent on the date of pronouncement of the judgment Due to his ill luck, he suffered from typhoid and Malaria, his wife fell ill and expired while under treatment and there after when he was coming to do contact his lawyer he met with an accident and received injury causing paralytic effect All the events are beyond his control for which he would not file the appeal in time which is neither intentional nor deliberate He was prevented by sufficient cause Moreover the appellant does not stand to gain benefit by filing the appeal late Held, the impugned order passed by the learned lower appellate court is set aside, delay in filing the appeal before the lower appellate court is condoned and matter is remitted back to decide the appeal on merit. (D. Dash, J.) MEGHANADA MALLICK -V- STATE OF ORISSA J.C.R.L.A. NO. 35 OF 2009 (28.08.2015) CRIMINAL TRIAL Appreciation of evidence Whether non examination of Jasobanti is fatal to the prosecution case? It is not the requirement of law that all the witnesses, present at the spot should be examined Prosecution is free to examine as many witnesses as required to unfold the narrative of events If Jasobanti has not been examined and the defence feels that her examination would have thrown

Court 17 light towards innocence of the appellant, the defence could have taken steps to examine her as a defence witness Admittedly no steps taken to examine Jasobanti as a defence witness Held, non-examination of Jasobanti by the prosecution could not affect the prosecution case in any manner. CRIMINAL TRIAL Appreciation of evidence Evidence is clear that the appellant gave a single blow on the head of the deceased by a piece of wood and left the place immediately He could have given more assault but did not chose to do that Preceding the assault there had been quarrel between the parties and the occurrence happened suddenly Held, it would be proper to reduce the sentence to five years instated of seven years. (C.R. Dash, J.) MEERA PRADHAN -V- SUNIL PRADHAN TRP(C) NO. 9 OF 2015 (28.08.2015) CIVIL PROCEDURE CODE, 1908 S.24 Transfer of matrimonial proceeding Wife resides with her ailing father at Bhubaneswar Husband filed divorce case in the Court at Jajpur wherein two witnesses have already been examined Wife filed petition to transfer the case to the court at Bhubaneswar on the ground of poor financial condition Since leniency shown to women seldom misused by them the Court is required to consider each case on merit taking into account the facts and circumstances of that case Held, direction issued to the Opp.Partyhusband to pay an amount of Rs. 15,000/- on each and every date she is required to attend the court towards travel/stay expenses of the petitioner-wife and her companion and the same may be sent to her in advance prior to the date of hearing of the case. (Dr. A. K. Rath, J.) PRANATI BISWAL -V- M.D, M/S. PURI BEACH RESORT (P) LTD. W.P.(C) NO. 8777 OF 2008 (28.08.2015) COURT FEES ACT, 1870 S.35 Whether the petitioner who is the proprietor of M/s. Cosmos A.R. Industries is exempted from payment of court fees in the suit filed by her? Held, yes. A proprietary concern is nothing but an individual trading under a trade name In civil law where an individual carries on business in a name or style other than his own name, he can not sue in the trading name but must sue in his own name, though others can sue him in the trading name State of Odisha has also issued notification Dt. 07.06.1994 exempting seven categories of persons including women from payment of all fees mentioned in schedules I & II of the Court Fees Act for filing cases/proceedings in any court in Odisha Held, petitioner is exempted from payment of Court fees in the suit. (Dr. A. K. Rath, J.) BABULI KHUNTIA -V- RAM ABTAR MODI & ORS. W.P.(C) NO. 1100 OF 2008 (28.08.2015) CIVIL PROCEDURE CODE, 1908 O-6, R-17 Amendment of plaint Petition filed after closure of evidence While preparing for argument, plaintiff collected certified copies of yadast and other records from the settlement authority to prove that the defendants practiced fraud at the time of preparation of record and those documents could not be incorporated in the plaint Application for amendment can be filed at any stage of the suit U/s. 153 C.P.C.

18 Court of the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial Court has wide powers and unfettered discretion to allow Amendment would not charge the basic structure of the suit nor the same will introduce a new case or new cause of action Held, the impugned order rejecting prayer for amendment is quashed Application for amendment filed by the plaintiff is allowed subject to payment of cost of Rs.5,000/- to the counsel for the defendant No. 1. (Dr. A.K.Rath, J.) SUBHENDU KU. DEO, PROJ. ENGR, O.S.H.B, JEYPORE -V- REGIONAL PROVIDENT FUND COMMISSIONER, ORISSA. O.J.C. NO. 17347 OF 1997 (08.09.2015) E.P.F. & M.P. ACT, 1952 Ss 2 (f), 7A Employee as defined U/s 2(f) of the Act Meaning of It includes not only persons directly engaged by the employer but also the persons employed through a contractor Petitioner-Board constructs buildings by engaging contractors who in turn engaged workers/ labourers for execution of such work Since the workers who are working under the petitioner-board i.e. the principal employer through contractors for its construction work it is the duty of the petitioner-board to deposit the statutory contribution U/s 7A of the Act for disbursement amongst the workers This courts finds no reason to interfere with the impugned order. (S. N. Prasad, J.) BIPIN BIHARI SAHU -V- STATE OF ODISHA W.P.(C) NO. 13239 OF 2015 (09.09. 2015) CENTRAL MOTOR VEHICLES RULES, 1989 Rule-18 Whether further test is required for existing drivers at the time of renewal of their driving license basing on the circular issued by the public authorities? since the circulars are contrary to the statutory provisions contained in the above rules, no further training is required for the existing drivers before considering the renewal application Held. Impugned circulars are set aside Direction issued to the STA to grant renewal of the driving license of the petitioner forthwith. ( D.H. Waghela, CJ. & B. Rath, J.) DILIP KUMAR BARAD -V- STATE OF ORISSA AND ORS. W.P.(C) NO. 15604 OF 2013 (10.09.2015) SERVICE LAW Petitioner working as Gram Rozgar Sevak Disengagement notice issued to him by O.P. No.3 However order of disengagement passed by O.P.No.2 Action challenged If one man hears and another man decides, personal hearing becomes an empty formality Held, impugned order of disengagement is quashed Matter is remitted back to O.P.2 who shall issue fresh notice to the petitioner allowing him to show cause and on consideration of the same O.P.No. 2 shall pass orders in accordance with law. (Dr. A.K.Rath, J.) PUSPANJALI MISHRA -V- VICE CHANCELLOR, UTKAL UNIVERSITY & ORS. O.J.C. NO. 2408 OF 1998 (10.09.2015) EXAMINATION Petitioner was declared to have passed B.Ed. (Private) examination, 1996 He joined service by virtue of the certificate issued to him Subsequent cancellation of her result on the

Court 19 ground of adopting unfair means in the examination Action taken after publication of the result was not in consonance with sub-clauses (1) to (4) of statute 214 of the Orissa Universities first statues, 1990 Held, since the result of the petitioner has already been published and on that basis she has joined service and by virtue of the interim order passed by this court she is continuing in service, the impugned order is quashed. (Dr. B.R.Sarangi, J.) CHITRA ATHWANI -V- STATE OF ODISHA ABLAPL NO. 9240 OF 2015 (11.09.2015) CRIMINAL PROCEDURE CODE, 1973 S.438 Anticipatory bail Offence under sections 412, 419, 188, 120-B I.P.C One P.K.Iyer accused in a Bank fraud case was staying in Hotel Trident in order to evade police arrest According to the present petitioner as there was every possibility of her marriage with P.K.Iyer she in good faith booked the room in his name Non application of offence U/s. 412 I.P.C against the present petitioner No allegation that the present petitioner did represent herself as P.K.Iyer nor P.K.Iyer has impersonated to be the petitioner No report by the I.O that the petitioner has previously undergone imprisonment in respect of a congnizable offence or there is chance of her fleeing from justice or possibility of committing similar or other offence She has also not misutilised the interim protection granted by this Court earlier, rather she is cooperating with the investigation Held, application for anticipatory bail is allowed. (S. K. Mishra, J.) DIGAMBAR SAMAL -V- NARMADA MOHANTY & ANR. RPFAM NO. 19 OF 2014 (11.09.2015) CRIMINAL PROCEDURE CODE, 1973 S.125 Grant of maintenance to wife and child Order challenged by the petitioner-husband on the ground that once he has been convicted for the offence of rape on the allegation of the O.P.1-wife, he is not liable to maintain her as his wife as the same is hit by the principle of double jeopardy In the other hand there is sufficient oral as well as documentary evidence establishing their relationship as husband and wife and O.P.2 was born out of their wedlock No rebuttal proof by the petitioner to dispel such evidence Held, there is no infirmity in the impugned order calling for interference by this Court. (S. Pujahari, J.) DR. BHAGABATI CHARAN DAS & ORS. -V- REPUBLIC OF INDIA CRLMC NO. 968 OF 2012 (16.09.2015) (A) CRIMINAL PROCEDURE CODE, 1973 S.482 Quashing of order taking cognizance Offence under sections 120(B), 420, 468, 471, 177 I.P.C Institutions found to have employed teachers with fake and forged documents and submitted declaration form of such teachers Prosecution has not arranged seven junior doctors as accused persons who have supplied documents relating to their employment Whether C.B.I has power to investigate under MCI regulations In MMDR Act and Chartered Accountants Act there is inbuilt provision for prosecution which is absent in MCI Regulations Held, the impugned proceeding against the petitioners is liable to be quashed. (B) PENAL CODE, 1860 S.420 Cheating Offence can not be said to have been made out unless the following ingredients are satisfied :-

20 Court (i) that the accused deceived some person; (ii) that such inducement was intentional; (iii) that the person so induced did or omitted to do something; (iv) that such act or omission caused, or was likely to cause damage or harm to that person in body, mind, reputation or property. In this case, Opp. Party has not alleged any act of inducement on the part of the petitioners No allegation that the petitioners have an intention to cheat the Opp. Party Moreover the documents produced by the seven doctors are self declaratory and they were not impleaded as accused persons Held, in the absence of the seven doctors the proceeding against the petitioners is vitiated. (Sanju Panda, J.) ANIL KUMAR DASH -V- STATE OF ORISSA BLAPL NO. 1947 OF 2015 (22.09.2015) N.D.P.S ACT, 1985 S.2(viia) Whether 20 Kg. of ganja comes within Commercial quantity as prescribed U/s 2 (viia) of the Act.? Commercial quantity means any quantity greater than the quantity specified by the central Government by notification in the official Gazette Column No 6 of the table in the notification prescribes 20 kg. as Commercial quantity Held, Commercial quantity in respect of ganja is to be greater than the quantity specified in the aforesaid notification which would mean any quantity more than 20 kg N.D.P.S ACT, 1985 S.37 (i) (b) Seizure of 20 kg of ganja Bail refused by the learned sessions judge as 20 kg. of ganja comes under the purview of Commercial quantity and section 37 (i) (b) stands as a bar for grant of bail Held, since Commercial quantity of ganja would mean any quantity more than 20 kg. the petitioner appears to be involved in an offence U/s 20 (b)(ii) (B) of the Act but not U/s 20 (b) (ii) (c) of the said Act, hence this court is inclined to release him on bail. (S. K. Sahoo, J.) BENUDHAR DAS -V- STATE OF ODISHA & ORS. W.P.(C) NO. 131 OF 2009 (23.09.2015) ODISHA AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES RETIREMENT BENEFITS RULES, 1981 RULE 8(2)(a) Petitioner was a teacher in a non-government fully aided School After working more than 10 years he resigned from service on 19.12.1970 Whether he is entitled to minimum pension under the above Rules? Held, the petitioner is not entitled to any pension as he has resigned from service much before the above Rules came into force and his resignation can not be equated with retirement. (C.R. Dash, J.) BRUNDABATI PRADHAN -V- STATE OF ODISHA & ORS. W.P.(C) NO. 15805 OF 2014 (23.09.2015) ODISHA GRAMA PANCHAYAT ACT, 1964 S.24(2)(c) Meeting of No Confidence Motion Meeting scheduled to be held on 28.08.2014 Notice issued to the petitioner on 12.08.2014 Dispatch of notice by post office on 16.08.2014 Petitioner challenged

Court 21 the notice on the ground that there was no 15 clear days gap as required under the above provision Held, since there is 15 clear days gap between the date of the meeting and date of issue of notice, delay in dispatch of notice by Post Office shall not invalidate the meeting of No Confidence Motion unless prejudice shown to have occasioned to the petitioner. (C.R. Dash, J.) JYOTSHNAMAYEE MISHRA -V- A.D.M, BOUDH & ORS. W.P.(C) NO.(s) 12536 OF 2012 & 5143 OF 2013 (23.09.2015) ANGANWADI WORKER Appointment Eligibility condition is to be seen on the due date of consideration of the application or the date of declaration of the result Held, Rules for selection can not be changed after process of selection once been initiated. In this case owing to an advertisement Dt. 14.1.2011 for appointment of Anganwadi worker the petitioner in W.P.(C) No. 12536/2012 has applied and was selected on 29.2.2011 as per guideline Dt. 2.5.2007 as she was residing in Kurtipali village within the Mahulbahali Anganwadi Centre However instead of issuing engagement order forthwith as per the rules there was delay of three months In the mean time District Social Welfare Officer on Dt. 21.5.2011 has taken out Kurtipali village from the perview of Mahulbahali Anganwadi Centre and made fresh advertisement Dt. 20.6.2012 on the ground that the petitioner already selected is no more residing in the Centre area on or after 21.5.2011 and appointed O.P.4 in that post Hence the writ petition Held, second advertisement Dt. 20.6.2012 as well as appointment of O.P.4 are quashed Direction issued to the State to issue appropriate appointment order in favour of the petitioner. (S. N. Prasad, J.) DHAMNAGAR GRAMA PANCHAYAT -V- STATE OF ORISSA AND ORS. W.P. (C) NO. 2589 & 9427 OF 2015 (25.09.2015) CONSTITUTION OF INDIA, 1950 ART. 243- E r/w Section 148(4) of the Odisha G.P. Act 1964 Notification U/s. 4 (a) of the Odisha Municipal Act, 1950 to include the area of Dhamnagar Grama Panchayat for Constitution of Dhamnagar NAC In the other hand Collector, Bhadrak Stopped providing different benefits like IAY,BPGY etc. to the said Grama Panchayat Action challenged Similar notification issued in the year 1998 was stayed by this court and the writ petition was dismissed for default Elections to the Grama Panchayat was held in the year 2007 and 2012 The impugned notification issued in the year 2014 without de-notifying the Grama Panchayat Duration of Panchayat has been constitutionally limited to five years under Article 243-E of the Constitution of India The state Government has not appointed a person as administrator from 1999 till date Held, impugned notification being contrary to Article 243-E of the constitution of India is quashed Direction issued to the OPP. Parties to provide required benefits to Dhamnager Grama Panchayat. (Sanju Panda, J.)

22 Court MAJOR EVENTS 1. 2nd Convocation of NLUO, Cuttack 2nd Convocation of National Law University, Odisha, Cuttack was held on 8.8.2015 in the Odisha Judicial Academy premises. Shri Naveen Patnaik, Hon ble the Chief Minister of Odisha, Hon ble Shri Justice Dipak Misra, Judge, Supreme Court of India & Visitor, NLUO, Hon ble Shri Justice V. Gopala Gowda, Judge, Supreme Court of India, Hon ble Shri Justice Amitava Roy, Judge, Supreme Court of India, Hon ble Shri Justice D.H. Waghela, Chief Justice, Orissa High Court & Chancellor, NLUO attended the convocation. A total of 109 undergraduate students, 42 postgraduate students and one doctoral candidate received their degrees. Twelve gold medals are conferred on the most meritorious of the University s students. Hon ble Judges of Orissa High Court and high dignitaries of the State also attended the convocation. (Photo Page : I, II, III) 2. Observance of Foundation Day of Orissa High Court. 26th July of every year is being observed as Foundation Day of Orissa High Court. This year also 68th Foundation Day was observed on 26.7.2015 in the Court premises. Hon ble Judges of the Court and Members of the Bar offered floral tributes to the Statue of Justice Bira Kishore Ray as a mark of respect to the revered soul. All the officers and staff of the Court are also attended the ceremony. (Photo Page : III) 3. Celebration of Independence Day in the High Court premises. On the occasion of celebration of Independence Day in the High Court premises, Hon ble Shri Justice P.K.Mohanty, Judge, Orissa High Court hoisted the National Flag on 15.8.2015. Hon ble Judges of the Court, Members of the Bar, Officers and staff of the Court alsl graced the function. (Photo Page : V) 4. Inauguration of New Court Building of Civil Judge (J.D.)-cum-J.M.F.C., Chandikhol. New Court Building of Civil Judge (J.D.)-cum-J.M.F.C. at Chandikhol in the Judgeship of Jajpur was inaugurated on 4.8.2015 by Hon ble Shri Justice S.Pujahari, Judge, Orissa High Court. (Photo Page : V) 5. Inauguration of ADR Centre Building at Dhenkanal ADR Centre Building at Dhenkanal was inaugurated by Hon ble Shri Justice S.N.Prasad, Judge, Orissa High Court on 24.8.2015. (Photo Page : V) 6. Inspection of different Courts On 10.9.2015 : Hon ble Shri Justice D.Dash, Judge, Orissa High Court inspected the Court of District & Sessions Judge at Balasore. 0 e-courts Project in Odisha In our State a Steering Committee under the chairmanship of Hon ble Shri Justice I. Mahanty, Hon ble Shri Justice S.C. Parija and Hon ble Shri Justice S.K. Mishra as members thereof, is monitoring the implementation of the e-courts project with the assistance of the Central Project Coordinator, Shri T.P. Rath. The scope of e-courts Project is to develop, deliver, install and implement automated decision making and decision support system in the district and subordinate courts of the state with the help of e-committee Supreme Court of India.

Court 23 The objectives of the project are : To help Judicial administrations of the Courts in streamlining their day-to-day activities To assist judicial administration in reducing the pendency of cases. To provide transparency of information to the litigants. To provide access to legal and judicial databases to the Judges. To provide Citizen Centric Services to the lawyers and litigants. The State Judiciary, configured to 115 Court Complexes, consists of 423 Courts situated in different parts of the State. The following progress have been achieved in the State under e-courts Project : 1. Site preparation, delivery and installation of hardware of 115 Court Complexes is completed. 2. Video Conferencing connectivity between 43 Courts and 42 Jails is in progress. 3. 612 Judicial Officers are provided with Laptops and Printers. 4. 41 Diesel Generator sets in 1 st phase are already provided while delivery and installation of 48 Diesel Generator sets in 2 nd phase are under progress. 5. 26 DG sets are ordered to be delivered in 3 rd phase. 6. To look after the e-courts work at Orissa High Court 1 Senior System Officer, 1 System Officer and 2 System Assistants have been deployed. 7. 14 System Officers and 23 System Assistants have been deployed at District level to provide the technical support. 8. Successful Data Entry of Backlog cases are going on at 113 Court Complexes. 9. CIS (Case Information System) software has been rolled out in 115 Court Complexes. 10. Citizen Centric Services have been provided in 27 District Court Complexes. 11. SMS services regarding filing of cases have been provided to the registered Lawyers at High Court and District Courts. 12. Websites have been have been operational under e-courts in 30 District Courts. PRESENT STATUS OF IMPLEMENTATION OF E-COURTS PROJECT No. of Court Complexes DG Set Delivered DG Set Ordered Site/Lan Survey completed Lan Material Delivered Lan Material Installed Hardware (PC) Delivered Hardware (PC) Installed Software Rollout Data Entry started in Court Complexes

24 Court ACTIVITIES OF ODISHA STATE LEGAL SERVICES AUTHORITY 1. Lok Adalats : (a) At National level held on 11.07.2015 As per the instruction of National Legal Services Authority, Monthly National Lok Adalat for the cases relating to Electricity, Water, Telephone & Public Utility Services was organized throughout the State on 11.07.2015. Apart from the High Court Legal Services Committee, 30 District Legal Services Authorities, and 74 Taluk Legal Services Committees participated in the said National Lok Adalat. Total 4894 no.of cases were taken up (Pre-litigation dispute-4045 and Pending cases-849), out of which, 780 no.of cases (Pre-litigation-599 & Pending Cases-181) were settled. Further, 59 number of cases were disposed of by the High Court Legal Services Committee, Cuttack which includes OJC/W.P.(c) relating to Electricity & Water-02 and Motor Accident Claims Appeals-57. A sum of Rs.2,33,02,000/- was awarded as Compensation amount in the above M.A.C. Appeals. (b) At National Level held on 08.08.2015 & 22.08.2015 Similarly, Monthly National Lok Adalat for Bank matters especially cases under Section-138 of N.I.Act, Recovery suits etc (both pending and pre-litigation matters) was also organized on 8.8.2015 in all Courts (except the High Court and the Courts situated in Cuttack city). The High Court and all the Courts in the Cuttack city organized the Lok Adalat on 22.8.2015. In the said National Lok Adalat, 90,008 no.of cases were taken up in total, out of which, 9118 no.of cases ( 6933 no.of pre-litigation disputes and 2185 no.of pending cases) were settled/disposed of. The pending cases include Recovery suits-903, Cases U/s.138 N.I.Act-1164 DRT cases-34, Criminal matters involving N.I.Act-04, Bank Cases (SARFAESI)- 47 & MACA-33. A sum of Rs.97,18,000/- was awarded as Compensation amount in the above MAC Appeals. (c) At National Level held on 12.09.2015 Further, Monthly National Lok Adalat for Compoundable Criminal matters was also held throughout the State on 12.09.2015. Apart from the High Court Legal Services Committee, 30 District Legal Services Authorities, and 74 Taluk Legal Services Committees participated in the said Lok Adalat. Total, 2618 no.of cases were disposed/settled, which include Criminal compoundable cases-2386, Criminal Compoundable matters-07, Bank matters relating to SARFAESI Act -01 & Motor Accident Claims Appeals-33 and prelitigation disputes relating to compoundable criminal cases-191. (i) At District & Taluk Levels : During the above period, the field units i.e. 30 District Legal Services Authorities and 74 Taluk Legal Services Committees organized 139 no. of Lok Adalats in the State of Odisha. In the above Lok Adalats, total 61,067 no.of cases comprising 669-Civil, 14117-Compoundable Criminal Cases, 163-Forest, 08- Labour,11-Juveniles, 45,854 -Revenue, 102 -Matrimonial, 25-Bank, 09-BSNL & 109-MACT cases were disposed of. A sum of Rs. 32,48,670/- towards Criminal fine and Rs.1,08,37,775/- as revenue amount were collected in the said Lok Adalats. Further, a sum of Rs. 2,88,51,000/- was awarded as compensation in the above Motor Accident Claim Cases. (2) Permanent Lok Adalats( for Public Utility Services) U/s.22-B of the Legal Services Authorities Act During the above quarter, 107 number of new cases relating to Public Utility Services were registered in the Thirteen Permanent Lok Adalats, out of which, 261 no. of cases were settled.

Court 25 (3) Generating awareness and spreading Legal Literacy : During the quarter, 258 no. of Legal Literacy/Awareness Programmes were organized by the 30 District Legal Services Authorities and 74 Taluk Legal Services Committees on different topics including Domestic Violence (PWDV) Act, Section-125 of Cr.Pc., Maintenance & Welfare of parents & Senior Citizen Act, Child rights, Civil laws, Revenue Laws, Legal Provision for Women and Mediation Scheme, Dowry Prohibition Act, Fundamental duties, Legal Services Authorities Act, Child Marriage Act, Women & Children in need of Care & Protection, Pre-natal Sex Selection & Pre-Natal Diagnostic Technique (PNDT) Act, Plea Bargaining & Awareness camps on Odisha Prevention of Witch Hunting Act etc. Total 24,853 no. of persons were attended/benefitted by attending the said Literacy Camps. (4) Legal Aid Beneficiaries Free Legal Aid and assistance was provided to 890 no.of persons comprising SC- 99, ST-76, OBC- 57, Women-324, Children-17, In-custody-120, General-94 and other weaker sections of the Society -103. (5) Activities of ADR/Mediation Centres : During the quarter, 2320 no. of new cases were referred by different Courts to the Mediation Centres, and 710 no. of cases ( including previously pending cases) were disposed of, out of which, 130 cases were disposed of on successful mediation. ACTIVITIES OF HIGH COURT LEGAL SERVICES COMMITTEE 1. The National Lok Adalat was held on 11.07.2015 in which Hon ble Shri Justice Pradip Kumar Mohanty, Executive Chairman, Odisha State Legal Services Authority, Hon ble Shri Justice B.P.Ray,Hon ble Dr. Justice A.K.Rath, Hon ble Shri Justice Biswajit Mohanty, Hon ble Shri Justice Biswanath Rath and Hon ble Shri Justice S.K.Sahoo and Hon ble Shri Justice S.N.Prasad, Judges of the Hon ble Court presided over different Benches of the Lok Adalat. In the above Lok Adalat 59 cases were disposed of which includes Motor Accident Claim Appeals and Electric Disputes Cases. The General Insurance Companies agreed to pay Rs.02,33,02,000/- (Rupees Two Crore Thirty Three Lakhs Two Thousand) only as compensation. 2. The National Lok Adalat held on 22.08.2015 in which Hon ble Shri Justice Pradip Kumar Mohanty, Executive Chairman, Odisha State Legal Services Authority, Hon ble Dr. Justice A.K.Rath, Hon ble Shri Justice Biswajit Mohanty, Hon ble Shri Justice Biswanath Rath, Hon ble Shri Justice S.K.Sahoo and Hon ble Dr.Justice D.P.Choudhury, Judges of the Hon ble Court presided over different Benches of the National Lok Adalat. In the above Lok Adalat 84 cases were disposed of which includes Motor Accident Claim Appeals and Bank Matters relating to (SARFAESI) N.I. Act and Matrimonial Cases.The General Insurance Companies agreed to pay Rs.97,18,000 /-(Rupees Ninety Seven Lakhs Eighteen Thousand) only as compensation. 3. The National Lok Adalat held on 12.09.2015 in which Hon ble Shri Justice Pradip Kumar Mohanty, Executive Chairman, Odisha State Legal Services Authority, Hon ble Dr. Justice A.K.Rath, Hon ble Shri Justice S.Pujahari, Hon ble Shri Justice Biswanath Rath, Hon ble Shri Justice S.K.Sahoo, Hon ble Shri Justice S.N.Prasad, Hon ble Shri Justice K.R.Mohapatra and Hon ble Dr..Justice D.P.Choudhury, Judges of the Hon ble Court presided over different Benches of the National Lok Adalat. In the above Lok Adalat 41 cases were disposed of which includes Motor Accident Claim Appeals and Bank Matters relating to (SARFAESI and Criminal Compoundable matters. The General Insurance Companies agreed to pay Rs.86,55,000 /-(Rupees Eighty-Six Lakhs Fifty FiveThousand) only as compensation. 0 0

26 Court ACTIVITIES OF ODISHA JUDICIAL ACADEMY Sl. No. Date of Programme 1. 10.7.2015 to 31.7.2015 2. 24.7.2015 & 25.7.2015 3. 24.7.2015 & 25.7.2015 4. 21.8.2015 & 22.8.2015 5. 21.8.2015 & 22.8.2015 6. September, 2015 7. 18.9.2015 & 19.9.2015 8. 18.9.2015 & 19.9.2015 Name of the Programme Institutional Training and Evaluation at O.J.A. Adjudication Under Commercial, Economic, Special Statutes and Case Management and Management of Court Administration The Odisha Special Courts Act, 2006, Prevention of Corruption Act, 1988, The OPID Act 2011, SC&ST (P.A.) Act, 1989 Role of District Judiciary & Contribution of Courts for Social Justice, Enhancing Timely Justice, Management & Administration Skill Development of Judges. Criminal & Civil Adjudication, Judicial Conduct & Ethics, Court Management & Case Management Evaluation / Remedial at O.J.C. Judging & Judgement Writing, Adjudication of Civil Cases Court Management, Space Management, Time Management, Asset Management & Financial Management No. of Participants No. of Participants attended (Rank Wise) participants 22 22 Civil Judges of 2013 Batch 25 23 D.J. -9, ADJ - 14 13 12 Spl. Judges - 12 25 21 D.J. - 6, Judge, Camily Court - 2, A.D.J. - 3, Civil Judges - 3, SDJM.- 2, J.M.F.C. - 5 25 22 C.J.M. - 8, Civil Judges - 14 22 22 Civil Judges of 2013 Batch 25 24 Civil Judges - 14, S.D.J.M.- 7, JMFC-2, Gram Nyayadhikari - 1 31 31 Court Managers - 31 N.B. : UBUNTU Training : Five batches of UBUNTU OS training were held in the academy on 5.7.2015 (two batches), 26.7.2015 and 23.8.2015 (one batches) each for the Judicial Officers.

Hon ble Chief Justice & Hon ble Judges of Orissa High Court participating Programmes/ Courses at the N.J.A., Bhopal and other places Court 27 Sl. No. Names of the Hon ble Judges Period Topics 1. Hon ble Shri Justice Indrajit Mahanty 2. Hon ble Shri Justice S.K.Mishra 3. Hon ble Shri Justice Biswajit Mohanty 4. Hon ble Shri Justice S.N.Prasad 5. Hon ble Shri Justice K.R.Mohapatra 6. Hon ble Shri Justice J.P.Das 7. Hon ble Dr. Justice D.P.Choudhury 19.9.2015 & 20.9.2015 29.8.2015 & 30.8.2015 10.9.2015 to 13.9.2015 27.8.2015 to 30.8.2015 7.8.2015 to 9.8.2015 7.8.2015 to 9.8.2015 27.8.2015 to 30.8.2015 Participated in the meeting of the Chairperson of Computer Comittee of all the High Courts in Delhi Attended the Regional Conference (Eastern Zone) on Strengthening Rehabilitation of Children under the Juvenile Justice (Care and Protection of Children) Act, 2000, held at Bihar Judicial Academy, Patna Participated in the Court Room Technology Workshop held at N.J.A., Bhopal Participated in the Advance Course for Justice Handling Commercial Matters held at N.J.A., Bhopal Participated in the Conference on Judicial Administration held at N.J.A., Bhopal Participated in the Conference on Judicial Administration held at N.J.A., Bhopal Participated in the Advance Course for Justice Handling Commercial Matters held at N.J.A., Bhopal DEVELOPMENT OF INFRASTRUCTURE FOR THE HIGH COURT OF ORISSA AND THE SUBORDINATE JUDICIARY DURING THE FINANCIAL 2015-16 The Government of Odisha in their Home Department have made a budgetary provision of Rs. 58,00,00,000/ - for development of infrastructural facility for the Judiciary Annual State Plan, 2015-16. The projects proposed include completion of District Court Buildings in the newly created Judgeships. The Court have further moved the Government of Odisha in their Home Department for enhancement of Plan ceiling for the Court Organisation Supplementary Budget, 2015-16. Response from the State Government is awaited

28 Court STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL & CRIMINAL CASES IN THE SUBORDINATE JUDICIARY OF THE STATE From 01.07.2015 to 30.09.2015 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 Institution CIVIL SUITS CIVIL APPEALS Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 13234 951 798 13387 1464 75 43 1496 2 Bhadrak 11357 879 590 11646 997 31 12 1016 3 Balangir 2571 202 103 2670 447 13 9 451 4 Sonepur 1269 97 46 1320 255 4 5 254 5 Cuttack 13483 945 807 13621 972 54 34 992 6 Jagatsinghpur 5336 247 173 5410 263 21 5 279 7 Kendrapara 8759 256 337 8678 202 28 11 219 8 Jajpur 8772 893 306 9359 656 31 21 666 9 Dhenkanal 4079 396 158 4317 245 16 15 246 10 Angul 4235 249 216 4268 117 9 8 118 11 Ganjam 5542 494 446 5590 558 39 50 547 12 Gajapati 336 47 29 354 36 11 6 41 13 Kalahandi 1606 141 136 1611 238 11 12 237 14 Nuapada 512 114 53 573 35 5 2 38 15 Keonjhar 2890 347 140 3097 203 16 19 200 16 Khurda 20682 743 456 20969 670 41 38 673 17 Koraput 1002 166 80 1088 114 9 3 120 18 Malkanagiri 76 25 39 62 41 4 1 44 19 Nawarangpur 312 65 37 340 35 2 7 30 20 Raygada 478 101 73 506 75 7 9 73 21 Mayurbhanj 5862 517 335 6044 404 31 13 422 22 Phulbani 751 103 31 823 45 4 8 41 23 Boudh 215 52 41 226 39 5 6 38 24 Puri 8141 592 303 8430 999 50 42 1007 25 Nayagarh 2305 190 130 2365 90 9 7 92 26 Sambalpur 3160 189 89 3260 120 22 12 130 27 Deogarh 174 21 21 174 30 1 0 31 28 Bargarh 2356 214 154 2416 216 20 22 214 29 Jharsuguda 1619 76 64 1631 59 9 3 65 30 Sundargarh 3305 246 189 3362 261 37 21 277 TOTAL 134419 9558 6380 137597 9886 615 444 10057

Court 29 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 CIVIL MISC. APPEALS CIVIL REVISIONS Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 693 22 27 688 22 7 7 22 2 Bhadrak 354 21 10 365 11 3 4 10 3 Balangir 106 7 9 104 22 0 3 19 4 Sonepur 25 1 2 24 4 2 0 6 5 Cuttack 251 31 14 268 14 0 0 14 6 Jagatsinghpur 260 14 14 260 4 0 0 4 7 Kendrapara 153 24 18 159 10 0 1 9 8 Jajpur 270 26 19 277 9 4 0 13 9 Dhenkanal 67 8 7 68 5 0 0 5 10 Angul 36 4 3 37 5 1 1 5 11 Ganjam 137 30 12 155 15 5 3 17 12 Gajapati 9 0 3 6 2 0 0 2 13 Kalahandi 31 5 4 32 0 0 0 0 14 Nuapada 21 0 2 19 1 0 0 1 15 Keonjhar 79 5 10 74 10 1 0 11 16 Khurda 515 32 44 503 35 6 9 32 17 Koraput 36 5 3 38 7 1 1 7 18 Malkanagiri 16 0 2 14 1 1 1 1 19 Nawarangpur 22 4 3 23 2 0 0 2 20 Raygada 8 3 1 10 3 3 3 3 21 Mayurbhanj 158 12 9 161 10 0 0 10 22 Phulbani 13 1 5 9 1 0 0 1 23 Boudh 5 0 1 4 1 1 1 1 24 Puri 616 23 17 622 26 0 1 25 25 Nayagarh 42 5 2 45 3 3 0 6 26 Sambalpur 41 8 4 45 8 3 0 11 27 Deogarh 6 1 1 6 0 0 0 0 28 Bargarh 70 11 6 75 19 1 3 17 29 Jharsuguda 39 2 10 31 18 0 1 17 30 Sundargarh 113 11 16 108 14 4 7 11 TOTAL 4192 316 278 4230 282 46 46 282

30 Court Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 1460 42 18 1484 6238 441 385 6294 2 Bhadrak 862 57 41 878 5154 337 438 5053 3 Balangir 640 20 14 646 735 54 48 741 4 Sonepur 171 3 2 172 196 13 13 196 5 Cuttack 2632 182 70 2744 5809 477 481 5805 6 Jagatsinghpur 697 34 0 731 4123 239 244 4118 7 Kendrapara 770 44 51 763 4887 277 348 4816 8 Jajpur 1273 170 55 1388 1772 302 297 1777 9 Dhenkanal 788 43 6 825 1700 148 81 1767 10 Angul 988 61 17 1032 3045 108 46 3107 11 Ganjam 1634 49 62 1621 1983 268 396 1855 12 Gajapati 80 11 3 88 124 24 23 125 13 Kalahandi 245 19 7 257 1078 73 134 1017 14 Nuapada 79 18 5 92 253 38 38 253 15 Keonjhar 1217 54 35 1236 572 75 57 590 16 Khurda 2582 87 116 2553 10543 540 337 10746 17 Koraput 404 25 11 418 290 36 33 293 18 Malkanagiri 15 1 1 15 20 2 8 14 19 Nawarangpur 73 4 3 74 54 12 17 49 20 Raygada 153 8 9 152 103 21 42 82 21 Mayurbhanj 860 21 40 841 872 104 102 874 22 Phulbani 140 3 2 141 59 15 8 66 23 Boudh 64 9 3 70 46 16 12 50 24 Puri 652 13 15 650 4439 306 239 4506 25 Nayagarh 306 30 9 327 672 52 71 653 26 Sambalpur 921 27 17 931 759 58 63 754 27 Deogarh 122 12 6 128 101 3 22 82 28 Bargarh 589 12 19 582 279 40 40 279 29 Jharsuguda 416 51 19 448 798 45 25 818 30 Sundargarh 1434 55 34 1455 1192 154 220 1126 TOTAL EXECUTION PROCEEDINGS M.J.C.s / SPECIAL ACT CASES 22267 1165 690 22742 57896 4278 4268 57906

Court 31 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 M.A.C.T. CASES SESSIONS CASES Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 1163 110 124 1149 817 75 70 822 2 Bhadrak 504 76 23 557 472 96 44 524 3 Balangir 424 40 29 435 750 49 39 760 4 Sonepur 77 7 1 83 218 24 8 234 5 Cuttack 7120 460 436 7144 1356 117 84 1389 6 Jagatsinghpur 1271 69 74 1266 547 64 25 586 7 Kendrapara 455 73 11 517 1031 80 58 1053 8 Jajpur 728 55 17 766 1119 97 63 1153 9 Dhenkanal 983 96 43 1036 458 72 36 494 10 Angul 388 157 64 481 962 66 46 982 11 Ganjam 2705 259 123 2841 2984 265 147 3102 12 Gajapati 39 9 0 48 161 19 31 149 13 Kalahandi 257 22 32 247 291 47 29 309 14 Nuapada 38 7 0 45 154 28 20 162 15 Keonjhar 783 63 70 776 748 70 56 762 16 Khurda 3147 141 110 3178 1631 97 62 1666 17 Koraput 514 18 42 490 579 58 55 582 18 Malkanagiri 42 2 1 43 210 34 15 229 19 Nawarangpur 118 5 31 92 210 47 27 230 20 Raygada 48 9 9 48 266 103 56 313 21 Mayurbhanj 370 51 21 400 688 98 70 716 22 Phulbani 90 21 18 93 385 58 59 384 23 Boudh 40 11 1 50 122 29 18 133 24 Puri 3505 105 144 3466 1362 105 61 1406 25 Nayagarh 291 33 12 312 616 79 40 655 26 Sambalpur 632 87 70 649 941 77 46 972 27 Deogarh 229 25 15 239 123 22 7 138 28 Bargarh 473 34 37 470 521 58 39 540 29 Jharsuguda 191 22 27 186 248 23 26 245 30 Sundargarh 1157 95 116 1136 1049 104 83 1070 TOTAL 27782 2162 1701 28243 21019 2161 1420 21760

32 Court Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 CRIMINAL APPEALS CRIMINAL REVISIONS Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 250 13 16 247 116 22 26 112 2 Bhadrak 423 16 7 432 171 32 19 184 3 Balangir 226 23 10 239 104 7 14 97 4 Sonepur 347 7 7 347 106 7 2 111 5 Cuttack 437 45 50 432 98 8 14 92 6 Jagatsinghpur 203 3 12 194 58 3 5 56 7 Kendrapara 81 5 3 83 50 7 1 56 8 Jajpur 163 15 4 174 104 24 9 119 9 Dhenkanal 71 6 3 74 36 14 2 48 10 Angul 110 5 6 109 41 8 5 44 11 Ganjam 429 32 40 421 120 13 16 117 12 Gajapati 31 5 0 36 16 2 2 16 13 Kalahandi 216 11 30 197 20 7 12 15 14 Nuapada 42 15 4 53 12 5 6 11 15 Keonjhar 254 21 11 264 58 3 10 51 16 Khurda 397 16 11 402 166 27 10 183 17 Koraput 104 6 7 103 49 12 9 52 18 Malkanagiri 29 2 1 30 19 0 3 16 19 Nawarangpur 89 11 0 100 25 3 2 26 20 Raygada 76 2 14 64 10 1 2 9 21 Mayurbhanj 171 19 9 181 60 9 4 65 22 Phulbani 27 12 12 27 12 7 4 15 23 Boudh 12 0 3 9 4 1 0 5 24 Puri 215 10 16 209 154 23 7 170 25 Nayagarh 197 15 11 201 61 11 2 70 26 Sambalpur 111 10 4 117 67 11 5 73 27 Deogarh 33 4 4 33 3 3 2 4 28 Bargarh 56 15 14 57 62 14 12 64 29 Jharsuguda 23 4 5 22 31 9 10 30 30 Sundargarh 132 22 22 132 54 19 17 56 TOTAL 4955 370 336 4989 1887 312 232 1967

Court 33 Sl. No. Name of the Judgeship Opening Balance as on 01.07.2015 CRIMINAL MISC. CASES Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 SPECIAL ACT CASES Institution Disposed of Pendency as on 30.09.2015 1 Balasore 126 719 725 120 1160 110 63 1207 2 Bhadrak 102 696 700 98 434 52 14 472 3 Balangir 42 187 205 24 281 28 20 289 4 Sonepur 24 100 100 24 147 25 1 171 5 Cuttack 35 478 476 37 1428 79 110 1397 6 Jagatsinghpur 41 266 237 70 300 7 11 296 7 Kendrapara 78 199 234 43 244 26 21 249 8 Jajpur 64 289 270 83 516 36 13 539 9 Dhenkanal 23 247 260 10 431 34 15 450 10 Angul 45 308 248 105 900 49 17 932 11 Ganjam 92 700 700 92 999 89 34 1054 12 Gajapati 10 103 87 26 184 18 10 192 13 Kalahandi 5 117 112 10 465 23 19 469 14 Nuapada 17 55 60 12 84 10 3 91 15 Keonjhar 40 346 335 51 384 31 19 396 16 Khurda 104 575 534 145 1390 62 30 1422 17 Koraput 22 248 255 15 170 25 6 189 18 Malkanagiri 52 40 48 44 122 19 1 140 19 Nawarangpur 38 120 127 31 187 19 17 189 20 Raygada 14 164 153 25 213 31 7 237 21 Mayurbhanj 31 359 317 73 377 36 10 403 22 Phulbani 20 156 153 23 187 40 5 222 23 Boudh 18 106 106 18 137 21 5 153 24 Puri 93 481 500 74 461 44 23 482 25 Nayagarh 40 165 181 24 146 30 7 169 26 Sambalpur 32 397 371 58 676 54 22 708 27 Deogarh 13 82 87 8 212 8 3 217 28 Bargarh 57 339 345 51 381 33 21 393 29 Jharsuguda 2 149 148 3 163 13 3 173 30 Sundargarh 91 492 465 118 296 24 6 314 TOTAL 1371 8683 8539 1515 13075 1076 536 13615

34 Court Sl. No. Name of the Judgeship PREVENTION OF CORRUPTION ACT (Vig. + C.B.I.) JUVENILE CASES Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 Opening Balance as on 01.07.2015 Institution Disposed of Pendency as on 30.09.2015 1 Balasore 314 5 6 313 194 24 5 213 2 Bhadrak 0 0 0 0 141 30 12 159 3 Balangir 117 7 4 120 117 19 2 134 4 Sonepur 0 0 0 0 39 5 0 44 5 Cuttack 791 26 58 759 306 30 24 312 6 Jagatsinghpur 0 0 0 0 69 15 8 76 7 Kendrapara 0 0 0 0 75 13 13 75 8 Jajpur 0 0 0 0 172 11 12 171 9 Dhenkanal 0 0 0 0 96 14 7 103 10 Angul 0 0 0 0 136 28 8 156 11 Ganjam 243 14 8 249 421 31 4 448 12 Gajapati 0 0 0 0 31 3 1 33 13 Kalahandi 85 4 1 88 39 9 18 30 14 Nuapada 0 0 0 0 26 4 0 30 15 Keonjhar 115 4 3 116 62 10 5 67 16 Khurda 796 24 12 808 552 33 40 545 17 Koraput 141 10 1 150 110 31 6 135 18 Malkanagiri 0 0 0 0 9 3 9 3 19 Nawarangpur 0 0 0 0 56 7 3 60 20 Raygada 0 0 0 0 63 23 14 72 21 Mayurbhanj 189 7 6 190 77 11 5 83 22 Phulbani 116 4 4 116 86 6 13 79 23 Boudh 0 0 0 0 35 5 3 37 24 Puri 0 0 0 0 211 28 11 228 25 Nayagarh 0 0 0 0 53 2 3 52 26 Sambalpur 645 19 6 658 412 35 36 411 27 Deogarh 0 0 0 0 34 9 5 38 28 Bargarh 0 0 0 0 131 29 3 157 29 Jharsuguda 0 0 0 0 137 13 19 131 30 Sundargarh 0 0 0 0 341 33 28 346 TOTAL 3552 124 109 3567 4231 514 317 4428

Court 35 CRIMINAL CASES OF MAGISTERIAL COURTS Sl. No. Name of the Judgeship Institution Gen. File Trial File Total Gen. File Trial File Total Gen. File Trial File Total 1 Balasore 35019 21596 56615 3539 340 2104 2444 36256 21454 57710 2 Bhadrak 21189 10189 31378 3114 352 1254 1606 22000 10886 32886 3 Balangir 11549 8189 19738 3406 2070 790 2860 12107 8177 20284 4 Sonepur 6246 1770 8016 1074 454 130 584 6615 1891 8506 5 Cuttack 48930 19783 68713 3768 1133 2561 3694 51238 17549 68787 6 Jagatsinghpur 15976 5108 21084 1291 462 394 856 16266 5253 21519 7 Kendrapara 14616 5068 19684 1813 288 1218 1506 14834 5157 19991 8 Jajpur 21205 9320 30525 1529 473 637 1110 21540 9404 30944 9 Dhenkanal 13223 6718 19941 1118 622 625 1247 13055 6757 19812 10 Angul 43308 8206 51514 622 2365 450 2815 40583 8738 49321 11 Ganjam 27847 13537 41384 4392 294 3035 3329 28171 14276 42447 12 Gajapati 8203 1648 9851 2031 7 685 692 9507 1683 11190 13 Kalahandi 11497 7074 18571 2001 36 1860 1896 11602 7074 18676 14 Nuapada 7788 2082 9870 874 336 321 657 7894 2193 10087 15 Keonjhar 16261 8680 24941 1516 201 653 854 16897 8706 25603 16 Khurda 76925 14554 91479 4989 1363 3432 4795 77388 14285 91673 17 Koraput 11024 5594 16618 2338 474 1415 1889 11346 5721 17067 18 Malkanagiri 2181 814 2995 509 140 135 275 2419 810 3229 19 Nawarangpur 17387 6402 23789 1411 956 355 1311 17197 6692 23889 20 Raygada 15568 4348 19916 1240 218 1422 1640 15016 4500 19516 21 Mayurbhanj 26397 10227 36624 2666 127 1537 1664 27476 10150 37626 22 Phulbani 5405 4382 9787 1624 171 881 1052 5889 4470 10359 23 Boudh 3225 1105 4330 709 490 155 645 3317 1077 4394 24 Puri 20255 8347 28602 2862 339 1721 2060 20987 8417 29404 25 Nayagarh 9960 5032 14992 987 694 324 1018 9854 5107 14961 26 Sambalpur 19326 6362 25688 3545 235 2169 2404 20669 6160 26829 27 Deogarh 3768 2065 5833 531 118 190 308 3810 2246 6056 28 Bargarh 18778 6949 25727 2198 1 1625 1626 19412 6887 26299 29 Jharsuguda 15810 3802 19612 1266 0 1886 1886 16741 2251 18992 30 Sundargarh 34573 17101 51674 3698 1149 1093 2242 35542 17588 53130 TOTAL Opening Balance as on 01.07.2015 Disposed of Pendency as on 30.09.2015 583439 226052 809491 62661 15908 35057 50965 595628 225559 821187

36 Court INSTITUTION, DISPOSAL & PENDENCY OF CASES IN THE FAMILY COURTS OF THE STATE FROM 01.07.2015 TO 30.09.2015 Sl. No. Name of the Family Courts Opening Balance as on 01.07.2015 Institution Disposed of Transfer to Other Courts Pendency as on 30.09.2015 1 Balasore 3101 259 579 0 2781 2 Balangir 462 17 10 0 469 3 Cuttack 4552 358 417 11 4482 4 Kendrapara 1803 282 205 8 1872 5 Jajpur 1597 162 84 0 1675 6 Dhenkanal 361 145 103 8 395 7 Berhampur 1197 197 208 3 1183 8 Bhawanipatna 97 23 26 3 91 9 Keonjhar 367 124 99 1 391 10 Khurda 1353 170 197 2 1324 11 Bhubaneswar 2529 337 214 13 2639 12 Jeypore 382 56 52 0 386 13 Baripada 736 126 99 3 760 14 Phulbani 200 59 42 0 217 15 Puri 1606 135 122 13 1606 16 Sambalpur 462 86 45 0 503 17 Rourkela 1772 143 243 7 1665 TOTAL 22577 2679 2745 72 22439 TOTAL NO. OF CIVIL AND CRIMINAL CASES IN THE SUB-ORDINATE JUDICIARY OF THE STATE DURING THE PERIOD FROM 01.07.2015 TO 30.09.2015 Opening Bal. Institution Disposed of Pending CIVIL 256724 18140 13807 261057 CRIMINAL 859581 75901 62454 873028 GRAND TOTAL 1116305 94041 76261 1134085

Celebration of Independence Day in Orissa High Court Hon ble Shri Justice P.K. Mohanty, Judge Orissa High Court hoisting the Natinal Flag on the occasion Inaguration of New Court Building of Civil Judge (J.D.) - Cum - JMFC at Chandikhol on 04.08.2015 by Hon ble Shri Justice S. Pujahari, Judge, Orissa High Court Inaguration of ADR Building at Dhenkanal on 24.08.2015 by Hon ble Shri Justice S.N. Prasad, Judge, Orissa High Court (v)